I-864 - Country of Domicile?

[droplets 2]

Hello,

My mom will be joint sponsoring my wife because I have no income. She resides in the US, so i know her country of domicile is the USA. Me and my wife are located in Germany. She is German. We have been here 16 months. The only reason we're here is because we stayed longer than the 6 month period (so her status is void), so I needed to refile the I-130. My wife was previously a permanent resident for 4 years.

So, for the I-864 part 4, question 15, is my country of domicile Germany or the US? I would consider it in the US. I never intending to live here in Germany, but I've stayed because my wife can not return right away. I do have permanent residence status here in Germany. Our son was born in the US a few months before we came here. Based on the instructions I've read, I'm supposed to prove in a letter and with evidence that I retain or plan to reestablish domicile in the US, even though I live abroad. So I think I should put "USA" as my country of domicile, but please give me your opinion

The only things I can think of that can prove that are:

My California state ID

My social security number

My US bank account recent statements (what is considered "recent"?)

My US credit card recent payments and statements

Recent mail to my US address (we lived with my parents before coming here)

Letter from employer I have job lined up with

I can't include a tax return because I have not had any income for awhile, thus having not filed one.

Questions:

Should I put the USA or Germany as my country of domicile?

Is my proof of either retaining or planning to reestablish domicile in the USA, sufficient?

If you have an experiences with this situations, I'd greatly appreciate it if you'd share it. I don't want to mess up on anything and prolonge our time here.

Thanks in advance!

Edited April 13, 2013 by Fortitude

[GeorgiaPeach 2]

I struggled with what to put as my country of domicile as well. I think putting the US is fine, but make sure you have all the docs you listed. I would imagine they would want the most recent bank statements. You could also include your voting registration, if you voted from abroad this past election. Anything like car notes, proof of ownership of a car or active car insurance would be useful, too.

You will need to file for your taxes, even if you've been out of the US and/or not working. It is still a requirement. You can file for tax years that have come and gone, so I would go ahead and do that.

[droplets 2]

I struggled with what to put as my country of domicile as well. I think putting the US is fine, but make sure you have all the docs you listed. I would imagine they would want the most recent bank statements. You could also include your voting registration, if you voted from abroad this past election. Anything like car notes, proof of ownership of a car or active car insurance would be useful, too.

You will need to file for your taxes, even if you've been out of the US and/or not working. It is still a requirement. You can file for tax years that have come and gone, so I would go ahead and do that.

Thanks for your reply.

Are you sure about what I've put in bold?

I've got this from another site:

Regardless of where you live now, being a United States citizen requires that you file a yearly tax return with the IRS. Green card holders and all US citizens are required to file a US return, no matter where they live, as long as their income (earned in-US and abroad) is just over $9,000. Many people wrongly assume that because they have never owed money to the IRS, they simply dont have to file. Earning anything over $9,350.00 does require you to file, however. The US has treaties with many foreign countries that will reduce or even eliminate actual owed tax. You cannot, however, take advantage of these benefits if you don't file.

I have had zero income, so not over $9,000.

[jenyadenise 4]

Hello,

My mom will be joint sponsoring my wife because I have no income. She resides in the US, so i know her country of domicile is the USA. Me and my wife are located in Germany. She is German. We have been here 16 months. The only reason we're here is because we stayed longer than the 6 month period (so her status is void), so I needed to refile the I-130. My wife was previously a permanent resident for 4 years.

So, for the I-864 part 4, question 15, is my country of domicile Germany or the US? I would consider it in the US. I never intending to live here in Germany, but I've stayed because my wife can not return right away. I do have permanent residence status here in Germany. Our son was born in the US a few months before we came here. Based on the instructions I've read, I'm supposed to prove in a letter and with evidence that I retain or plan to reestablish domicile in the US, even though I live abroad. So I think I should put "USA" as my country of domicile, but please give me your opinion

The only things I can think of that can prove that are:

My California state ID

My social security number

My US bank account recent statements (what is considered "recent"?)

My US credit card recent payments and statements

Recent mail to my US address (we lived with my parents before coming here)

Letter from employer I have job lined up with

I can't include a tax return because I have not had any income for awhile, thus having not filed one.

Questions:

Should I put the USA or Germany as my country of domicile?

Is my proof of either retaining or planning to reestablish domicile in the USA, sufficient?

If you have an experiences with this situations, I'd greatly appreciate it if you'd share it. I don't want to mess up on anything and prolonge our time here.

Thanks in advance!

Hi, we're in a similar situation. I'm the USC and have been living in Mexico for two and half years with my husband. (We filed DCF). I put US as my domicile on my I-864 and included a letter along with loads of evidence to show that I have maintained my domicile there. There are actually a lot of posts on this site that can help with how to establish/prove your domicile in the US. I found some sample cover letters really helpful. They list possible documents to provide as evidence. Here are 3 that might help you.

http://www.visajourney.com/forums/topic/239678-sample-letter-for-explaining-domicile-in-us/

http://www.visajourney.com/forums/topic/286090-letter-in-support-of-i-864-domicile-requirement/

http://www.visajourney.com/forums/topic/386421-nvc-filers-september-2012/

My husband actually has his interview this week, so we'll find out soon if my evidence is sufficient!

Also, if you haven't been required to file taxes because your income is too low, you will need to provide a written explanation. Here's the I-864 instructions if you don't already have them... http://www.uscis.gov/files/form/i-864instr.pdf

Hope some of this helps!

[GeorgiaPeach 2]

Thanks for your reply.

Are you sure about what I've put in bold?

I've got this from another site:

I have had zero income, so not over $9,000.

Hmm, reading that makes me think I am incorrect in what I said. I just always read that you needed to file for your taxes while abroad, even if you weren't working. But that information you wrote makes me think you don't. Like the other person said, just make sure you provide an explanation of why you didn't file, which will be easy enough.

[jenyadenise 4]

Thanks for your reply.

Are you sure about what I've put in bold?

I've got this from another site:

I have had zero income, so not over $9,000.

The minimum income required for those filing married is different than for those filing single. Here's the info for 2012: http://www.efile.com/tax/do-i-need-to-file-a-tax-return/

Edited April 14, 2013 by jenyadenise

[droplets 2]

Thanks guys.

I don't want to make a new thread, so I'll write another question here.

Is it necessary that my employer in the USA gets the letter notarized?

[Dave&Roza 748]

Thanks guys.

I don't want to make a new thread, so I'll write another question here.

Is it necessary that my employer in the USA gets the letter notarized?

It is more important that it is written on company leterhead. All notarizing it does is state that the person signing the letter is who they claim to be.

Good luck,

Dave

[veronicavonn 7]

Hey Fortitude! What was the outcome on this? Did your letter stating your tax situation work?